Enforcement Order

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Virgin America Inc. 2012-5-22

About this Order

This order concerns violations by Virgin America Inc., (Virgin America) of the requirements of 14 CFR Part 382 (Part 382) with respect to properly coding and recording its disability-related complaints in connection with required reporting to the Department of Transportation (Department) as well as providing dispositive responses to written complaints alleging a violation of Part 382.

Part 382 implements the Air Carrier Access Act (ACAA), 49 U.S.C. § 41705, and violations of that part also violate the ACAA. To the extent that the ACAA and Part 382 violations occurred in interstate air transportation, the incidents are also violations of 49 U.S.C. § 41702, which requires that air carriers provide safe and adequate interstate air transportation; to the extent the violations occurred in foreign air transportation, the incidents violate 49 U.S.C. § 41310, which, in part, prohibits air carriers and foreign air carriers from unreasonably discriminating against any person in foreign air transportation.

Violations of Part 382 also constitute unfair and deceptive practices and unfair methods of competition in violation of 49 U.S.C. § 41712.

This order directs Virgin America to cease and desist from future similar violations and assesses the carrier $100,000 in civil penalties.

Updated: Thursday, January 3, 2013